Booking Terms and Conditions
Read this agreement thoroughly and carefully before booking a tour with us; it contains important terms and conditions regarding the tour you are purchasing including, but not limited to, our rights to alter the tour, our cancellation and refund policies, and a limitation of our liability and other important disclaimers.
1. AdventureSmith Explorations. As used throughout this agreement, “AdventureSmith Explorations,” “we,” or “us” means AdventureSmith Travel Services Inc., its employees, shareholders, subsidiaries, affiliate, officers, director, successors, agents and assigns (collectively AdventureSmith Explorations). AdventureSmith Explorations does not own or operate any entity that provides goods or services for your trip including, for example and without limitation, lodging facilities, bus, plane, train, kayaks, yachts or other transportation companies or devices, food service providers, equipment suppliers, etc. Therefore, the services arranged by AdventureSmith Explorations are provided by third party suppliers. Separate “terms and conditions” dictated by the applicable supplier likely apply to your reservation and purchase and, when that is the case, you agree to abide by such terms and conditions. AdventureSmith Explorations will make those available to you when possible. These Booking Terms and Conditions govern our services and your responsibilities at all times. In cases where the third party supplier does not have its own terms and conditions, then these Terms and Conditions apply.
2. Contract with AdventureSmith Explorations. These Terms & Conditions apply to each and every person who is part of a reservation made with AdventureSmith Explorations. This contract is between (a) you and any person you represent, and (b) AdventureSmith Travel Services Inc., d/b/a AdventureSmith Explorations, under the laws of California, USA. The terms “the client,” “you,” or “your” are used in this contract to mean, collectively: you; the person you represent, if you are making a reservation on behalf of any other person in any capacity; and all “clients” (which includes all people included in a reservation). This contract states your responsibilities and obligations and includes conditions under which AdventureSmith Explorations may make changes to your reservation, including both minor and significant alterations up to cancelling your reservation or removing you from a tour. It includes limitation of our liability and other important disclaimers. It is your responsibility to read this contract entirely and acknowledge that you understand it before making your reservation and thereby agree to the terms in this contract. By making a reservation you acknowledge that you have read this contract and agree to its terms.
3. Reservations. All persons wishing to make a reservation, and all persons who will be traveling, must complete and sign the Traveler Information Form. All reservations are made with AdventureSmith Travel Services Inc., d/b/a AdventureSmith Explorations. No person has any authority on AdventureSmith Explorations’ behalf to vary these terms and conditions.
4. What You Are Buying. Primarily, you are buying AdventureSmith Explorations’ travel arrangement and booking service. To the extent that you purchase multiple components that are combined to create a tour, then the service to be provided also includes the tour that you reserve, which may be altered according to these Terms and Conditions. The travel and tour(s) themselves are provided by third party suppliers who are not under the control of AdventureSmith Explorations. These third party suppliers may make changes or alterations to the purchased tour(s) under circumstances or in a manner outside the control of AdventureSmith Explorations. You agree and acknowledge that the nature of this type of travel requires considerable flexibility and should allow for alternatives. The itinerary as stated for each tour must be taken only as an indication of what each group may accomplish. The stated itinerary is not a contractual obligation by AdventureSmith Explorations. The client understands that the amenities, accommodations, type of transport, route, schedule and itineraries may change without prior notice due to local circumstances or events. Events causing these changes may include but are not limited to mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors.
5. Pricing and Payment.
A reservation is made when (1) AdventureSmith Explorations or its agent receives a fully completed “Traveler Information Form” for each and every individual in your party (whether in paper or electronic form), and (2) the required deposit payment is received, and (3) AdventureSmith Explorations has confirmed acceptance of the reservation to you in writing (whether in paper or electronic form). Please note that deposit amounts (and cancellation terms and fees) vary by tour.
Payment terms and the form of payment accepted may vary and/or be limited by conditions of our third party suppliers. In general, but not in every case, AdventureSmith Explorations accepts payment in the form of personal checks (drawn on banks located in the United States), or payment by credit card through VISA, MasterCard, or American Express. (Payment terms for reservations made by travel agents are different – please inquire for those requirements.)
The balance of the tour price is due 90 days before the Tour Start Date. Failure to deliver complete payment 90 days prior to the Tour Start Date will be considered notification of cancellation by the client and is subject to the cancellation charges that are stated below. Cancellation for failure to pay 90 days before the Tour Start Date may be reversed if requested by you and circumstances allow your reservation to be honored but only at the sole discretion of AdventureSmith Explorations. Late final payments will incur a 2% late fee based on the total tour price.
Reservations made less than 90 days prior to the Trip Start Date require payment in full, and a $50 late booking fee per person will be added to the tour price.
6. Cancellation by the Client. Cancellation by the client must be made in writing. (The cancellation terms stated above for failure to timely pay apply even if you do not submit a cancellation in writing.) Cancellation fees will apply. The date that AdventureSmith Explorations or its agents actually receive the written cancellation (either by letter or email) determines the cancellation charge that will apply.
The cancellation terms that apply to your tour may vary from the terms stated here. In that case, you will be provided with those terms in addition to this document. The cancellation terms that apply to a specific tour will govern. In all other circumstances, these cancellation terms apply.
Except as explained above, cancellation fees are as follows:
|Days prior to Trip Start Date Fee||Fees Per Person / Per Trip|
|91 days or more||50% of deposit|
|31-90 days||50% of total tour cost|
|0-30 days||100% of total tour cost|
Please note that under California law, upon cancellation of any transportation or travel services, where you are not at fault and you have not canceled in violation of any of these terms and conditions, all sums paid to AdventureSmith Explorations for services not provided will be promptly paid to you, unless the you otherwise advise AdventureSmith Explorations in writing, after cancellation. This provision does not apply where AdventureSmith Explorations has already remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, AdventureSmith Explorations must provide you with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.
7. Changes by the Client. You may request changes to your reservation, except you may not request to transfer between tours. AdventureSmith Explorations cannot and does not promise that your request will be accepted or possible. Instead, AdventureSmith Explorations will work with you and the third party supplier to determine whether your requested changes are acceptable or possible. All changes must be made at least 90 days before the Tour Start Date of the originally reserved tour. (For changes once the tour has begun, see the section in this contract on Unused Services.)
All additional costs associated with changes will be charged to the client. These costs may include, but are not limited to, cancellation charges by the third party supplier. Note that scheduled airlines may impose 100% cancellation charges for changes to flights. If AdventureSmith Explorations accepts your request to change your reservation, then the company reserves the right to charge an additional administration fee of 10% of the value of the originally reserved tour.
In the event you would like to transfer to another tour, you must cancel your reservation and make a new reservation subject to all the terms and conditions stated herein and as may apply from the third party supplier(s), including the application of cancellation and other fees.
Any addition made to an existing reservation that is requested within 89 to 31 days prior to the Trip Start Date will be subject to an additional $50 administrative fee. This includes booking additional accommodations, transfers, or excursions.
8. Cancellation by AdventureSmith Explorations. AdventureSmith Explorations reserves the right to cancel a tour for any reason. AdventureSmith Explorations will not cancel a tour within 30 days of the Tour Start Date except in the case of extreme circumstances, a third-party supplier’s cancellation outside the control of AdventureSmith Explorations, force majeure, or the client’s failure to pay the final balance.
If a tour is cancelled prior to the Tour Start Date due to extreme circumstances, a third-party supplier’s cancellation outside the control of AdventureSmith Explorations, or force majeure, the client may choose a full refund of all payments made or an alternative tour offered by AdventureSmith Explorations. If the alternative tour chosen by the client is of a lesser value then the client will be entitled to refund of the price difference. If the alternative tour chosen by the client is of greater value than the tour originally booked the client agrees to pay the price difference with the time required by the payment provisions stated in this agreement.
9. Changes by AdventureSmith Explorations and Third Party Suppliers.While it is AdventureSmith Explorations’ intent deliver tours as advertised and to work with third party suppliers who will operate the tours as advertised, it is possible that changes to a tour may be made when considered necessary. Flexibility and acceptance of such changes by you are necessary in adventure travel as a result of the variability that is a hallmark of this type of travel. Changes to an itinerary are to be expected due to safety concerns, the unpredictability of weather, animal behavior, or other forces, or business and political forces, or other occurrences not stated here. Consider your itinerary as a guide; it is not a contract.
AdventureSmith Explorations reserves the right to change any of the services and facilities described in the tour descriptions before a reservation is made. If such as change is made, the client will be told at the time of the reservation. AdventureSmith Explorations also reserves the right to make changes to the itinerary, services, or facilities when necessary. AdventureSmith Explorations also reserves the right to substitute vessels or accommodations for those of similar quality, with or without previous notice to you.
10. Prices, Surcharges and Brochure Validity. As we publish our prices in advance, we may occasionally be faced with significant cost increases due to factors over which we have no control. We reserve the right to impose surcharges up to 30 days before the Tour Start Date due to changes in group size, rooming status, exchange rates, increases in air fares or other transportation costs, taxes or if government action should require us to do so. Surcharges will be calculated according to the full extra cost, compared to the original costs and exchange rates. If any surcharge results in an increase of more than 20% of the tour cost the client may cancel the reservation within 14 days of notification of the surcharge and obtain a full refund.
11. Unused services & personal expenses. Regardless of any other term in this agreement, partial refunds are not available for unused services including but not limited to hotel rooms, meals, air or land transportation, activity days or other sightseeing excursions. You will not be reimbursed for any personal expenses such as airfare, hotel or other travel expenses due to changes in itineraries or cancellations. If a portion of the services of your tour are cancelled by us or our third party supplier because of an event within our control or the control of our third party supplier, and you are not offered a replacement or alternative, we will refund the cost of that portion of the services.
12. Medical Fitness and Age. Good physical and mental health is essential for the enjoyment of the active outdoor tours arranged by AdventureSmith Explorations. By forwarding the deposit and signed reservation form, the client certifies that he/she does not have any physical or other condition of disability that would create a hazard for him/herself or other clients, trip leaders or company representatives. It is essential that any participant with a medical condition that may be affected by motion on a body of water, vigorous activity, high altitude, headache, cold, other natural phenomenon, or particular foods or allergic reactions, notify AdventureSmith Explorations in writing in advance of travel. AdventureSmith Explorations expressly disclaims any and all liability for medical care or for special dietary requirements. Participants may be required to provide a doctor’s statement of good health.
AdventureSmith Explorations, its third party suppliers and the suppliers’ tour leaders, agents, or representatives may make a determination that an individual client’s fitness to embark upon or continue a tour is inadequate. In that case, the client may be prohibited from embarking, continuing, or participating in a portion of the tour. AdventureSmith Explorations supports the judgment of its third party suppliers, tour leaders, agents, or representatives in such cases and you agree to honor such determinations.
AdventureSmith Explorations does NOT warrant or make any representations that the company or any representative, or any third party supplier or tour leader can or will make a determination that an individual client IS adequately healthy or fit to embark, continue, or participate in a tour, and AdventureSmith Explorations expressly disclaims any such warranties or representations. The responsibility for any determination in favor of embarking, continuing, or participating in a portion of a tour remains solely with the client.
Once a reservation has been made, medical circumstances or fitness will not be considered exceptions to our cancellation policy.
13. Medical & Trip Cancellation Insurance. It is mandatory that all clients have personal, travel-related medical insurance at the time of travel. It is the client’s responsibility to obtain personal travel-related medical insurance. Often, your personal medical insurance may not cover you for medical services, whether basic, urgent, emergency, catastrophic, or otherwise, while you are traveling. It is your responsibility to determine if your existing medical coverage is adequate for the duration of your tour. It is also your responsibility to have or to obtain sufficient coverage for any medical services you might require, including up to catastrophic, long-term medical services coverage. This insurance must cover personal accident, medical expenses, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the client.
It is recommended that you obtain trip cancellation insurance in the event that you need to cancel your tour; an external event occurs that prevents your tour from taking place; or any other occurrence results in cancellation. Please be aware, however, that trip cancellation insurance does not cover every reason for cancellation. You are solely responsible for obtaining such insurance and for understanding the scope of coverage, if any.
14. Travel Documents. The client must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates, required for the entire tour. The client accepts responsibility for obtaining these documents and any other necessary documents. It is the client’s responsibility to assure that the name on your airline ticket, cruise tickets, or any other travel documents matches your name as printed in your passport (or domestic identification, where applicable) by providing the exact name as it appears on your passport (or domestic identification, where applicable) to AdventureSmith Explorations before tickets are issued.
Once we have received your deposit and all signed Traveler Information Forms, we will send you a comprehensive Adventure Planner dossier. This contains our exclusive AdventureSmith Explorations destination handbook, map, immunization information, visa and permit information, a travel insurance application, packing list, reading list, etc. You will also receive a final tour packet (which may be provided electronically) including final reminders and local contact information for your destination, and, where applicable, tickets and vouchers, 2-3 weeks prior to the Trip Start Date. Information or advice given by AdventureSmith Explorations on visas, vaccinations, climate, clothing, baggage, special equipment, etc. is provided as an aid to you but AdventureSmith Explorations does not warrant or guarantee the accuracy or applicability of this information. You are responsible for confirming the applicability and accuracy of all such information necessary for your travel.
15. Authority on Tour. The client must at all times comply with the laws, customs, foreign exchange, drug and other regulations of the destinations visited. At all times the decision of AdventureSmith Explorations, its third party suppliers and their tour leader or representatives is final on all matters that may threaten the safety or interfere with the well-being of the group or individual travelers. Should the client fail to comply with the above, or should the client interfere with the well-being of the group in any way, then the third party supplier’s tour leader or representative may direct the client to leave the tour without recourse of any kind.
16. Claims and Complaints. If a client has a complaint against AdventureSmith Explorations or the third party supplier, the client must first inform the tour leader or company representative while on the tour in order that the tour leader or representative can attempt to rectify the matter. Any further complaint must be put in writing to the company within 30 days of the end of the tour.
17. Force Majeure. AdventureSmith Explorations will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any force majeure. “Force Majeure” means any circumstances beyond the reasonable control of AdventureSmith Explorations including, without limitation, acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances. If AdventureSmith Explorations and/or any of its third party suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the tour.
18. Tour Start Date. The Tour Start Date is the first date on the itinerary that you have reserved with AdventureSmith Explorations. It does not include any earlier departure date that you may have planned including, but not limited, to airline flights arranged for and necessary to your embarkation on the Tour Start Date. It is your responsibility to be ready to embark on the tour as specified in the itinerary. AdventureSmith Explorations is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
19. Images Release. You agree that AdventureSmith Explorations may use, re-use and reproduce any images, photos or videos that you send to us, or that are taken by our third party suppliers and their guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our travel services worldwide. If you do not want us to use any images of you that are taken by us or other participants during the tour, you must inform us or your tour leader in writing at the start of the tour.
20. Limitation of Remedies. You agree that the sole remedy for any default by AdventureSmith Explorations arising under this agreement shall be the return of the paid tour cost or the actual direct economic harm to you, whichever is less. To the maximum extent permitted under applicable law, AdventureSmith Explorations shall not be liable for any special, consequential, indirect, incidental or other damages arising out of this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if AdventureSmith Explorations has been advised of the possibility of such damages. You expressly waive any right you may have to recover such damages.
21. Severability. If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
22. Successors and Assigns. This agreement shall inure to the benefit of and be binding upon AdventureSmith Explorations and you and your respective heirs, legal personal representatives, successors and assigns.
23. Updating of Terms and Conditions. AdventureSmith Explorations reserves the right to update and/or alter these terms and conditions at any time. It is your responsibility to be familiar with these terms and conditions. The latest terms and conditions can be found on the AdventureSmith Explorations website www.adventuresmithexplorations.com.
24. Applicable Law and Binding Arbitration. I agree that any dispute concerning, relating, or referring to this agreement, AdventureSmith Explorations tour brochures or any other materials that concern my tour, the tour itself, or any claim for damages due to property injury, bodily injury or death which occurs during or in connection with my tour, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in San Diego County, California, USA, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) California law. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
25. Merger. This Agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.